WHAT EVERY CORPORATE LAWYER NEEDS TO KNOW FOR A FOREIGN INVESTMENT IN A U.S. BUSINESS: THE FIRRMA AMENDMENTS TO CFIUS

The Committee of Foreign Investment in the U.S. (CFIUS) considers, through a detailed filing process, whether a direct or indirect acquisition of a U.S. business by a foreign acquirer threatens national security. In August of 2018 Congress enacted the FIRRMA amendments to the CFIUS laws, greatly expanding the coverage of CFIUS to include non-passive minority investments and other types of investments, to broaden the types of transactions that constitute threats to national security to include emerging and foundational technologies, to mandate CFIUS filings for certain types of foreign investments, and to alter the filing process. The program will discuss the FIRRMA amendments and their impact on M&A and private equity transactions